HomeMy WebLinkAbout06112018 City Council Laydown - Ord 18-003 Redlined REDLINED VERSIORdL/A0 //goo/ Laiden.w.,_
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VaelDU Sponsored by: Hunt
Introduction: June 11,2018
Public Hearing: June 25,2018
Enactment: June 25,2018
CITY OF SEWARD,ALASKA
ORDINANCE 2018-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, TO REVISE SEWARD CITY CODE 3.40, GRIEVANCE
PROCEDURE.
WHEREAS,the current grievance procedure was drafted in 1977 and last updated in 2000;
and
WHEREAS, the current grievance procedure requires a citizen appeal board for all
grievances,regardless of the nature of the complaint; and
WHEREAS,the current time limits are not practical; and
WHEREAS,the current procedure provides the same process for all grievances regardless of
due process rights;and
WHEREAS,the proposed amendments provide more practical time limits; and
WHEREAS, the proposed amendments provide a heightened procedure for significant
disciplinary matters.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,
HEREBY ORDAINS that:
Section 1. Seward City Code Section 3.40 is amended as follows:
(Deletions are Bold kethr-eughs; Additions are Bold Underline)
Chapter 3.40. Grievance Procedure
3.40.010. Policy
3.40.015. Discussion of a problem with supervisor.
3.40.020.Definition of a grievance.
3.40.0125. Supervision of grievance procedure.
3.40.020. n f •t• „f., R
l I _ , ! ' . . . . . . . . .
3.40.030. Grievance procedure steps.
3.40.035. Employee representation. '
507486\1006\00693554
CITY OF SEWARD,ALASKA
ORDINANCE YEAR-XXX
i I. . .
3.40.0540. Time limits.
3.40.0M5. Extension of time limits.
3.40.0650.No discrimination or reprisals.
3.40.010. Policy.
It is the policy of the City of Seward to treat all employees equitably and fairly in matters
affecting their employment. Pursuant to SCC 3.25.035(a), probationary employees,including
seasonal employees, are excluded from this grievance procedure, but may approach their
supervisor or the appropriate authority to report violations of City code or policy.
regulatiensT The presentation of any grievance shall be the right of each employee without fear of
reprisal.
The purpose of this article is to resolve disputes at the lowest level possible. Informal
resolution is encouraged. The City has an open-door policy and all employees are encouraged
to discuss matters of concern with members of management, including the City Manager at
any time,without having to file a formal grievance.
(Ord. 437, 1977)
3.40.015. Discussion of a problem with supervisor.
Any employee having a problem regarding employment shall first and promptly discuss
the problem with the immediate supervisor. If the problem is not settled and the problem is
defined as a grievance,the employee has the right to present the grievance in accordance with
the procedure outlined in Section 3.40.030. No employee shall be intimidated, harassed,
retaliated against or reflect in their evaluation because they bring forward a problem,concern
or grievance. However,willful abuse of the grievance policy may be subject to discipline in
accordance with Section 3.55.020.
(Ord. 437, 1977; Ord. 2000-011, 1,2000)
3.40.020. Definition of a grievance.
A grievance is a written complaint by the employee or group of employees alleging a
specific violation of rights under or failure to apply a section or sections of the city charter,city
code, personnel rules and regulations or misapplication or interpretation thereof, or
departmental rules and regulations, which directly pertain to the terms or conditions of
employment of such employee or group of employees by the City of Seward.
CITY OF SEWARD,ALASKA
ORDINANCE YEAR-XXX
A grievance is not to resolve general complaints or concerns regarding other employees.
Complaints are resolved at the department level. Personnel policies and Code guide the
behavior and actions of employees; the grievance process addresses the violation
misapplication or interpretation, or neglect of those policies and Code.
Where there is disagreement about whether a matter is defined as a complaint or a
grievance,the appointing authority's decision shall prevail. Where an employee disagrees with
the appointing authority's decision, the employee may document the disagreement for
placement in their personnel file.
(Ord. 437, 1977)
3.40.0125. Supervision of grievance procedure.
The appointing authority(City manager,or in regard to the City Clerk's office,the City
Clerk,) shall oversee the handling of all employee grievances so that they are processed in
accordance with the procedures stated in this chapter. Supervisors and department heads shall keep
the appointing authority and Personnel Officer informed of all grievances in progress.
Assistance in understanding the grievance procedure will be provided by the Personnel
Officer if requested.
(Ord. 437, 1977; Ord. 610, 1988; Ord. 95-05)
. . • . . . • . • . . . •_ • . . . . . . . . . . . • . • . . , .
employees.
(Ord. 437, 1977)
i - . • . . . . . . . .
CITY OF SEWARD, ALASKA
ORDINANCE YEAR-XXX
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3.40.030. Grievance procedure steps.
A. General grievances.
Disciplinary grievances involving dismissal, demotion, or unpaid suspension of more
than one week for regular non-appointed employees will proceed directly to hearing in section
B below. All other grievances shall be handled in the following manner:
StepI. __ . . .. .• • _ . . . . • r . , • _ •
. • • •• . . • . . . . • . I.! - • . . • . . . • . .
An employee shall present their grievance to their immediate supervisor within fifteen(15)
working days from the time of occurrence of the problem. The supervisor shall attempt to
resolve the problem within ten (10)working days after the grievance is timely received from
the employee.
Step 2. . • _ •. : : • - • : , - • ,• . . . . • . .
__
:, . . . • .. . _ . . . . .. . . • • . . . . . . . • .
If the employee has not received an answer from the immediate supervisor within ten (10)
working days,or if the employee feels the answer received is not satisfactory,s/he will reduce
to writing the facts and circumstances of the grievance and present the written statement to
their Department Head within ten (10)working days after the supervisor's deadline in Step
One. The Department Head will investigate the grievance and meet with the employee to
discuss the grievance within five (5) working days. The Department Head will notify the
employee of their decision within five (5) days following the meeting date.
In regard to employees of the Office of the City Clerk,non-disciplinary grievances not resolved
at Step 1 will be forwarded to Council in a confidential informational memorandum and will
not proceed to Step 3.
Step 3. -•- ' _ : . . . • .. . . • . • . • .
CITY OF SEWARD,ALASKA
ORDINANCE YEAR-XXX
• • , • •• , ; . • • . . • • . . . • . ..If the employee has not received
an answer from the Department Head within five(5)working days,or if the employee believes
the answer received is not satisfactory,s/he may appeal in writing to the City Manager within
five(5)working days after the supervisor's final deadline in Step Two.The City Manager,or
Acting City Manager,will investigate the grievance and meet with the employee to discuss the
grievance within five(5)working days.The City Manager,or Acting City Manager,will notify
the employee of their decision within five (5) days following the meeting date. For any
grievance not involving unpaid suspension of more than one week,demotion or termination of
employment, the decision of the City Manager is final.
The City manager shall maintain a confidential file containing all Step 3 grievance responses
and will provide a general summary of the prior year for review by the City Council annually
in executive session,without identifying specific employee information.
Step-4.
B. Significant disciplinary grievances.
a. , .
stcp,,For disciplinary actions involving dismissal, demotion, or unpaid
suspension of more than one week for regular non-appointed employees,
including employees of the Office of the City Clerk, an employee of
employees may request a hearing before an appeal board by submitting a request for
a hearing to the appointing authority within five working days after receiving the
decision from which the appeal is taken, not including the day the decision is
received. The appeal board shall consist of three people chosen from a list of
available supervisory and non-supervisory local representatives agement
andwho are not City of Seward employees or elected city officials. The
appointing authority will select one person from the list, the employee shall select
one person from the list and the third person shall be mutually agreed upon. In the
event of inability to agree on a third member,the employee and appointing authority
will alternately strike names from the list until only one name remains. The
remaining name will be the third board member.The employee will be given the first
opportunity to strike a name from the list. The appeal board will agree to designate
one of its members as chairman.
b. The board shall conduct the-a closed hearing expeditiously and in a manner to obtain
a clear understanding of the facts. The procedure shall be informal. Technical rules
regarding evidence and witnesses do not apply.Witnesses will be considered on duty
status if they would otherwise be on duty at the time of the hearing. Witnesses shall
CITY OF SEWARD,ALASKA
ORDINANCE YEAR-XXX
be encouraged to express themselves fully without fear of intimidation or reprisal.
The hearing shall be recorded.
c. The sole issue to be determined by the board is whether there was just cause to
substantiate the discipline and/or the severity of the discipline. The board shall
submit a written report of its findings and determinations to all interested parties
within five working days after hearing testimony. The decision of the board is the
final step within the administrative process of the City of Seward.
(Ord 437, 1977; Ord. 95-05; Ord. 2000-011, §1, 2000)
3.40.035.Employee representation.
Each employee shall be afforded an opportunity to be represented at each of the above steps
by a representative of his/her choice.Employees shall contact and discuss their problems with their
representative only during break periods,lunch hour,before or after work or at any other time when
they are not on duty. However, grievance hearings may be held during work hours.
(Ord. 437, 1977; Ord. 2000-011, §1, 2000)
3.40.040. Disciplinary action.
procedure.
(Ord. 437, 1977)
., i.i. . . . • . • . .
means-of-r-edress-te4he-eourts.
A • S : :. i iii i _iii
3.40.0540. Time limits.
(a) If the grievance procedures are not initiated within the time limits established by this
chapter,the employee shall be considered as having waived his/her right to grieve the
particular violation and initiation of a grievance for the same act or omission is
thereafter barred.
CITY OF SEWARD,ALASKA
ORDINANCE YEAR-XXX
(b) Any grievance not taken to the next step of the grievance procedure within the time
limits established by this chapter shall be considered settled on the basis of the last
reply made and received in accordance with the provisions of this chapter.
(c) If the city fails to meet or answer any grievance within the time limits prescribed for
such action by this chapter, such grievance shall automatically advance to the next
step.
•
. . . . , . . .. • • . . • . •
. . • ,
•
(Ord. 437, 1977; Ord. 610, 1988; Ord 2000-011, § 1, 2000)
3.40.0545. Extension of time limits.
The time limits prescribed in this chapter for the initiation and completion of the steps of the
grievance procedure may be extended by mutual consent of the parties so involved. Likewise, any
step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be
indicated in writing and shall be signed by all parties. Although all efforts should be made to
comply with the time limits for initiation and completion of the steps in this grievance
procedure,each time limit may be waived for excusable neglect or impossibility such as illness
or planned leave.
(Ord. 437, 1977; Ord 610, 1988)
3.40.0650.No discrimination or reprisals.
Employees are entitled to have grievances resolved without fear of recrimination or penalty.
Employees shall be free from interference,restraint,coercion,discrimination or reprisal in utilizing
or for utilizing the grievance procedures contained in this chapter. Employees shall be free from
interference, restraint, coercion, discrimination or reprisal in testifying in a grievance procedure
conducted under this chapter.
(Ord 43Z 1977; Ord. 92-23)
Section 2. This ordinance shall take effect ten days following its enactment, but does not
apply to current grievances at Step 2 or above.
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this
day of 2018.
CITY OF SEWARD,ALASKA
ORDINANCE YEAR-XXX
THE CITY OF SEWARD,ALASKA
David L. Squires,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, CMC
City Clerk
(City Seal)